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DISCRETION OF JUSTICES.
New Licenses.-As a general rule the Justices at the General Annual Licensing Meeting, and at the adjournment thereof, have an
an absolute discretion to refuse a grant
a new License for an inn, or for in-door beer and wine houses, and beer-off Licenses, without stating any reasons. Off-wine, off-cider, offsweets, and off-spirits Licenses are on different footing, and can only be refused
or more of the following grounds, viz. :(1) That the applicant has failed
failed to produce satisfactory evidence of good character. (2) That the house or shop, in respect of which
a License is sought, or any adjacent house or shop, owned or occupied by the person applying for a License, is of a disorderly character, or frequented by thieves, prostitutes,
or persons of bad character. (3) That the applicant, having previously held a
License for the sale of wine, spirits, beer, or cider, the
has been forfeited for his misconduct, or that he has, through misconduct, been at any time previously adjudged disqualified from receiving any such Licer se, or from selling any of the
said articles. (4) That the applicant or the house in respect
of which he applies is not duly qualified as by law is required.
Renewals.---The Justices possess the same dis. cretion to renewals, except in the case of beer on License which have existed continuously from 1869, and the Licenses mentioned in the latter part of the clause relating to new Licenses, when they can only refuse to renew
more of the said grounds. It is well, perhaps, to remark here, although it is stated in another part of this work, that no License Holder need attend the annual meeting personally unless he is required to do so.
Removal of Licenses. — As applications for removals
the same basis as those for Licenses the justices' discretion is absolute.
See Title Removal of Licenses."
Transfers etc.- Justices have the same discretion to refuse or grant a transfer or a temporary transfer, as they have to refuse
grant a renewal, and the discretion will be restricted in certain cases mentioned above.
Persons.-- A sheriff's officer or person executing process of any Court cannot hold any License to sell intoxicating liquors by retail.
Every person convicted of felony, or of selling spirits without a License, becomes for ever disqualified from holding a License to sell intoxicating liquors by retail.--See also Section 30 of the Act of 1872.
Premises.-The following provisions will apply to every person who was not licensed in respect of the same premises in 1872:(1) Second and every subsequent recorded
viction shall be entered in the Licensing
Register : (2) When four convictions (whether of the same
or different persons) have within five years been recorded, premises shall be disqualified
for one year : (3) If the Licenses of two such persons licensed
in respect of the same premises are forfeited, within any period of two years, the premises shall be disqualified for one year
from date of last forfeiture. Notice of disqualification must be sent to owner.
No conviction can be recorded except where Act directs, and the Justices have the discretion in the matter.
All persons intending to purchase licensed premises should search the register and the character of the house. -- See Section 30 of the Act of 1872, page 14.
Upon an application for new License, or order of removal, in respect of premises for consumption of intoxicating liquor thereon, the applicant may apply to the Justices for a condition
to be inserted that he shall close the premises one hour earlier than they would be closed, in the ordinary way, and the Justices shall insert the condition. Sixsevenths of excise duty only is payable for early closingLicenses.
Where a person takes out an early-closing License as well as a six-day License, two-sevenths of the excise duty shall be deducted.
A notice must be painted or fixed that an early closing License has been granted in respect of the premises.
All evidence, in applications for Licenses and opposition thereto, must be given upon oath. Persons may demand to be sworn in the Scotch form, viz. : by uplifted hand, or may affirm if they have any conscientious objection to being sworn.
Defendant and Wife as Witnesses.--If the License Holder is summoned for any offence under the Licensing Acts, his wise may give evidence for or against him. So also may the husband give evidence for or against his wife, if the latter be the License Holder.
There are two or three cases where this rule will not apply, one of which is where proceedings are taken for keeping a betting or gaming house, under the Betting Act instead of Section 17 of the Act of 1872.